Mondragon et al v. Biz2Credit et al
| Serafin Blanco Valle, Jorge Yumbato Castro, Javier Gonzales Castro, Urbano Gonzalez, Sylvia Castro, Jhonathan Mondragon, Oscar Torres, Emma Molina, Franco Malvacero, Janisshong Garcia, Claribel Cuellar and Carlos Juarez Rodriguez |
| Lendio, Inc., Steven T. Mnuchin, United States Small Business Administration, Celtic Bank, Jovita Carranza, Kabbage, Inc., Funding Credit Limited, United States Department of Treasury, Bluebvine Capital, Inc., Biz2Credit, Biz2Credit, Inc., Bluevine Capital, Inc. and Funding Circle Limited |
| 1:2020cv03394 |
| August 7, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 17 Mail-Electronic Scheduling Order dtd. 9/4/20-sent to pro se pltff. Jorge Yumbato Castro-was Returned as Undeliverable-w/Notation: "Return To Sender".(Recv'd. 9/21/20). (Layne, Monique) |
SCHEDULING ORDER: The Court understands that pro bono counsel might be available to represent Plaintiffs in this matter. In light of this development, the Court sua sponte adjourns the deadline to submit the second amended complaint until October 9, 2020, and adjourns sine die the responsive briefing schedule. The Court also adjourns the conference currently scheduled for September 11, 2020, until October 15, 2020, at 2pm, at which point it will set a revised briefing schedule. The Court also notes that the Federal Defendants' #15 letter refers to the Court's "intention to issue [a protective] order." The Court clarifies that it in fact orally issued the order in question at the August 26, 2020 status conference, and that pursuant to that order, Defendants are restricted from sharing the information in the pleadings and other information they receive from Plaintiffs with immigration authorities, including ICE and USCIS. While the Court understands from the Federal Defendants' #15 letter -- though not disclosed at the August 26 status conference -- that prior to the conference, the Federal Defendants had already shared the complaint, and/or the information contained therein, with counsel for ICE and USCIS, the Court's orally issued protective order prohibits Defendants from sharing such information going forward until further order of the Court. The Court will address any modifications or objections to its order at the October 15, 2020 hearing. Ordered by Judge Pamela K. Chen on 9/4/2020. (Larson, Emma)
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ORDER: The Court will hold a telephonic conference to address the matters raised in the Federal Defendants' #15 letter on September 11, 2020, at 11 a.m. The parties should call the following conference number: (888) 684-8852, and use access code: 7245547. Ordered by Judge Pamela K. Chen on 8/31/2020. (Larson, Emma)
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| Filing 15 Letter concerning the August 26 status conference by Jovita Carranza, Steven T. Mnuchin, United States Department of Treasury, United States Small Business Administration (Olds, Dara) |
| Filing 16 AMENDED COMPLAINT against Biz2Credit, Inc., Bluevine Capital, Inc., Jovita Carranza, Celtic Bank, Funding Circle Limited, Kabbage, Inc., Lendio, Inc., Steven T. Mnuchin, United States Department of Treasury, United States Small Business Administration, filed by Carlos Juarez Rodriguez, Serafin Blanco Valle, Jorge Yumbato Castro, Jhonathan Mondragon, Oscar Torres, Javier Gonzales Castro, Sylvia Castro, Franco Malvacero, Emma Molina, Urbano Gonzalez, Claribel Cuellar, Janisshong Garcia. (Lee, Tiffeny) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference held telephonically on 8/26/2020. Appearances by Jhonathan Mondragon, Jorge Yumbato Castro, Janisshong Garcia, Oscar Torres, Serafin Blanco Valle, Sylvia Castro, pro se Plaintiffs; Dara Old and Rachel Balaban for Federal Defendants. Also present were nominal Plaintiffs Urbano Gonzalez, Claribel Cuellar, Emma Molina, and Franco Malvacero, who have not yet signed the complaint. Case called. Discussion held. Pro se Plaintiffs will submit a second amended complaint by September 11, 2020, signed by all Plaintiffs, and setting forth information about each Plaintiff's individual circumstances, including, at a minimum, each Plaintiff's self-employment or small business (by name and type), the nature of that self-employment/business, any PPP application(s) made by each Plaintiff (including the date, the entity to which the application was made, and the outcome of the application), and the harm that has been and/or will be caused by the denial of PPP loans/funds. The Federal Defendants shall file their response to Plaintiffs' request for a preliminary injunction by October 13, 2020. Plaintiffs must file their response on or before November 6, 2020, and the Federal Defendants may reply on or before November 20, 2020. The Court will hold an hearing on the motion for a preliminary injunction on December 14, 2020, at 2 p.m. (Court Reporter David Roy.) (Larson, Emma) |
| Filing 14 NOTICE of Appearance by Rachel G. Balaban on behalf of Jovita Carranza, Steven T. Mnuchin, United States Department of Treasury, United States Small Business Administration (aty to be noticed) (Balaban, Rachel) |
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ORDER: The Federal Defendants' #13 motion to convert the preliminary injunction hearing on Wednesday, August 26, at 3pm into a status conference is granted. The timing and contact information for the conference remains the same. Each party should call the following conference number: (888) 684-8852, and use access code: 7245547. Ordered by Judge Pamela K. Chen on 8/18/2020. (Larson, Emma)
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| Filing 13 Letter MOTION to Adjourn Conference to convert the preliminary injunction hearing scheduled for August 26 to a status conference, or in the alternative to adjourn the hearing by Jovita Carranza, Steven T. Mnuchin, United States Department of Treasury, United States Small Business Administration. (Olds, Dara) |
| Filing 12 FILING FEE PAYMENT: $400, receipt number 4653151254 RE pro se Pltff. J. Mondragon. (Layne, Monique) |
| Filing 10 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 9 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Document mailed to pro se party, Urbano Gonzalez). (Bowens, Priscilla) |
| Filing 8 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Document mailed to pro se party, Franco Malvacero). (Bowens, Priscilla) |
| Filing 7 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Document mailed to pro se party, Emma Molina). (Bowens, Priscilla) |
| Filing 6 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Document mailed to pro se party, Claribel Cuellar). (Bowens, Priscilla) |
| Filing 5 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Document mailed to pro se party, Javier Gonzales Castro). (Bowens, Priscilla) |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Documents mailed to pro se party, Carlos Juarez Rodriguez). (Bowens, Priscilla) |
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ORDER: Because Plaintiffs have not provided the Court with a means of contacting them other than via mail, and given Covid-19-related delays in mailing times, the Court adjourns the preliminary injunction hearing currently scheduled for Friday August 14, 2020, until Wednesday, August 26, at 3 p.m. in order to ensure that all parties have adequate notice of the hearing. Each party should call the following conference number: (888) 684-8852, and use access code: 7245547. As stated in the Court's #11 August 7, 2020 Memorandum and Order, the purported Plaintiffs who have not yet signed the Complaint must submit an amended complaint signed by all Plaintiffs if they wish to appear at the hearing. Ordered by Judge Pamela K. Chen on 8/10/2020. (Larson, Emma)
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Filing 11
MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, the Court denies what it construes as Plaintiffs' #3 request for a temporary restraining order. However, the Court will hold a telephonic hearing on what it further construes as Plaintiffs' motion for preliminary injunction on Friday, August 14, 2020 at 10:00 a.m. Each party should call the following conference number: (888) 684-8852, and use access code: 7245547. The Clerk of Court is also respectfully directed to provide a copy of this Court's Order, as well as Plaintiffs' Complaint, Unsigned Order to Show Cause, and Declaration, to the United States Attorney for the Eastern District of New York via email. The Court also notes that multiple purported Plaintiffs have not signed the Complaint, and may not be represented by the pro se Plaintiffs who have. See, e.g., Pridgen v. Andresen, 113 F.3d 391, 393 (2d Cir. 1997) ([A]ppearance pro se denotes (in law latin) appearance for ones self; so that a person ordinarily may not appear pro se in the cause of another person or entity.). Should the remaining Plaintiffs wish to appear in advance of the August 14th hearing, they must submit an amended complaint signed by all Plaintiffs. Ordered by Judge Pamela K. Chen on 8/7/2020. (Abdallah, Fida)
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| Filing 3 Unsigned Order to Show Cause/Motion for Temporary Restraining Order by Javier Gonzales Castro, Jorge Yumbato Castro, Sylvia Castro, Claribel Cuellar, Janisshong Garcia, Urbano Gonzalez, Franco Malvacero, Emma Molina, Jhonathan Mondragon, Carlos Juarez Rodriguez, Oscar Torres, Serafin Blanco Valle (Bowens, Priscilla) Modified on 8/10/2020 to updated ECF filing event, pursuant to Memorandum and Order dated 8/7/2020. (Abdallah, Fida) |
| Filing 2 FILING FEE: $ 400.00, receipt number 4653151254 (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Carlos Juarez Rodriguez, Serafin Blanco Valle, Jorge Yumbato Castro, Jhonathan Mondragon, Oscar Torres, Javier Gonzales Castro, Sylvia Castro, Franco Malvacero, Emma Molina, Urbano Gonzalez, Claribel Cuellar, Janisshong Garcia. (Attachments: #1 Civil Cover Sheet, #2 Declaration) (Bowens, Priscilla) |
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